under an optional protocol of that nature and should thus be explicitly included
as inadmissibility criteria.
27. While some delegations proposed the inclusion of an admissibility criterion
covering the non-retroactive applicability of the optional protocol, other
delegations argued that, by definition, international treaties were
non-retroactive and the inclusion of such a criterion was unnecessary. A number
of delegations pointed out that violations that continued after the entry into
force of the optional protocol were not affected by the principle of
non-retroactivity.
28. The Working Group agreed ad referendum to include a criterion covering
inadmissibility for reasons of duplication of procedures. In that regard, some
delegations considered that only a simultaneous examination by a procedure of
international investigation or settlement should be precluded, whereas others
argued that both the simultaneous and a subsequent examination of the matter
should be precluded. The point was made that since the adoption of the first
optional protocol to the International Covenant on Civil and Political Rights,
which precluded simultaneous examination only, other similar procedures had
entered into force, thus justifying the exclusion of both a simultaneous and a
subsequent examination of the same matter. Some delegations argued that
communications could be brought which might fall within the competence of
different treaty bodies or where gender issues were only one aspect of a
communication. In that regard, the role of the Secretariat in registering and
channelling communications to treaty bodies was noted.
29. The point was made that consideration of a communication by any other
international procedure should be precluded from the moment such a communication
had been taken note of by an international procedure. Some delegations
emphasized the need for coordination among international human rights
mechanisms.
30. The Working Group agreed that it would be inappropriate to provide the
Committee with the competence to determine that another procedure of
international investigation or settlement was unduly prolonged. Some
delegations suggested that a reference to the Committee’s own prior
consideration of the same, or of substantially the same, matter should be
included as a ground of inadmissibility. Others suggested that that would be
unnecessary since such cases would be covered under the abuse of the right to
submit a communication.
31. Some delegations suggested that the principles of objectivity and
impartiality, which were widely accepted in the field of human rights, should be
included as a criterion of admissibility. Other delegations noted that they
could not agree to the inclusion of an admissibility criterion addressing
principles of objectivity and impartiality.
Article 5
32. Many delegations were in favour of the explicit inclusion of a provision
relating to interim measures in the optional protocol since such a provision was
in accordance with the current practice of similar international procedures.
They considered that its inclusion in the optional protocol would constitute a
progressive codification of international human rights law and would add to the
transparency of the procedure. Some delegations recalled that interim measures
were addressed in the rules of procedure of other international procedures and
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